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HomeMy WebLinkAboutJune 2021 BOA Packet*AGENDA* BOARD OF ADJUSTMENT June 3, 2021 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube.com/channelfUCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held May 6, 2021. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2021-139: To consider a request for a Variance to the required minimum fiont and rear yard setbacks for a main structure to be reduced from 25' to 3.5' and minimum pavement setback to be reduced from 2' to 0' in an RCR (Residential Conservation Revitalization) District. Applicant: Lemoine Disaster Recovery Location: 1475 Wall Street 2) File PZ2021-150: To consider a request for a Variance to the required minimum front yard setback for a main structure to be reduced from 25' to 21.62' in an R-S (Residential Single -Family) District. Applicant: Akram Khalil Location: 3890 Holland OTHER BUSINESS ADJOURN Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* BOARD OF ADJUSTMENT May 6, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on May 6, 2021 and called to order at 3:23 p.m. with the following members present: Acting Chairman Jeff Beaver Board Member Joey Hilliard Board Member Lee Smith Alternate Board Member Christy Amuny Board Members absent: Chairman Dana Timaeus Board Member Tom Rowe Also present: Demi Laney, Senior Planner Tyrone Cooper, City Attorney Cindy Aviles, Permit Processing Clerk Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Smith moved to approve the minutes for February 4, 2021. Board Member Hilliard seconded the motion. The motion to approve the minutes carried 4:0. Cindy Aviles, Permit Processing Clerk, served as a Spanish language interpreter for the applicant during the meeting. Acting Chairman Beaver informed the applicant, Jose Martinez, that with only four (4) members present, an approval would require a unanimous vote. He explained Mr. Mai tinez's options of continuing the meeting with the members present or postponing to a future meeting. Mr. Martinez chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:27 p.m. PUBLIC HEARING 1) File PZ2021-58: To consider a request for a Variance to the required minimum side yard setback for an accessory structure in R-S (Residential Single -Family) zoning, to be reduced fiom 2'6" to 8". Applicant: Jose Martinez Location: 3015 Blackmon Ln BOARD OF ADJUSTMENT May 6, 2021 Ms. Laney presented the staff report. Jose Martinez is requesting a variance for the property located at 3015 Blackmon Ln. The property is zoned Residential Single -Family (R-S) and therefore requires a 2'6" setback on the side property line for an accessory structure. The applicant is requesting a variance to the side yard setback to be reduced from 2'6" to 8" for their accessory structure. The original submitted site plan was approved for the accessory structure to be located 5' away from the side property line. However, the contractor that installed the building did not follow the approved plans and zero inspections were called in to inspect the building placement prior to securing it to a permanent foundation. The applicant has inquired to move the accessory structure to meet the approved setbacks from their contractor; however, it will cost $15,979.24 to do so. Additionally, the accessory structure is located within a 5' utility easement. If the variance were granted, the applicant would then apply for a license to encroach from the Engineering Department. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished fiom a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property, site plan, and survey were shown. Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor and one was received in opposition. Ms. Laney summarized the letter in opposition. Ms. Laney provided a copy of the bid to move the accessory structure to the Board. Discussion followed about the intended placement of the building and the original approved plan. Board Member Hilliard asked when the placement of the building changed and Ms. Laney replied that the contractor placed the building incorrectly. 2 BOARD OF ADJUSTMENT May 6, 2021 Acting Chairman Beaver asked about the letter in opposition and where that property owner was located in relation to the subject property. Ms. Laney indicated on the map where the property owner was located and that it was not the house directly next to the accessory building. Mr. Cooper asked if the building was encroaching on two easements and Ms. Laney replied that it is only encroaching on one. Discussion followed concerning the need for a license to encroach due to this easement. Further discussion followed to clarify that the property owner in opposition was not the owner of the property next to the accessory building. Ms. Laney stated that she would check the records to confirm the owner before the end of the meeting. Board Member Hilliard asked if there was a copy of the original and changed blueprints. Ms. Laney clarified that the site plan shows the intended plan and that the survey was done to indicate the actual placement of the building. She also mentioned that a complaint and an inspection are what prompted action on the case. Mr. Cooper stated that the easement encroachment is a problem and that the City would not be responsible for any damage caused if utility work were needed in the easement. Board Member Hilliard stated that this may cause future litigation. Ms. Laney stated that no inspections were called in for the project and that the contractor was not bonded with the City. She added that the contractor was Mallett Buildings out of Louisiana. The applicant, Jose Martinez, 3015 Blackmon Lane, addressed the board. With translation assistance fiom Ms. Aviles, he stated that the building was not supposed to be placed where it is and that he was not home when it was built. He offered to answer any questions that the Board had for him. Acting Chairman Beaver asked if Mr. Martinez knew the person in the green house next to the accessory building and if they are in opposition. Mr. Martinez replied that he did know them and that they are aware of the building placement and do not have a problem with it. Alternate Board Member Amuny asked when the building was built and Mr. Martinez answered that it was built in February 2021. Discussion followed about the concrete below the building. Mr. Martinez stated that it did not have a slab and that the concrete was poured in the back and inside the building after it was placed. Ms. Laney stated that the gravel driveway was already present. Acting Chairman Beaver stated that he had a problem with the 5' easement being blocked to City access by the building. Discussion followed concerning there also being an easement in the back of the property which could allow access as well, but that the side still may need to be accessed at some point. K3 BOARD OF ADJUSTMENT May 6, 2021 Mr. Cooper clarified that a license to encroach would cure any title issues for any future sales of the property, but that if the license is granted, any damages caused by utility work would be the responsibility of the applicant. Ms. Laney added that if granted, the variance would be the first step in a further process. Board Members asked if the contractor who built the building was the same as the contractor who created the bid to move it to the intended placement. Mr. Martinez confirmed this to be the case. Discussion followed amongst the Board about the easement and license to encroach. Ms. Laney presented the record from the Jefferson Central Appraisal District showing the property owner of the letter in opposition. The Board continued to review the pictures and exhibits and discussed further amongst themselves. Alternate Board Member Amuny moved to approve the request allowing a Variance to the required minimum side yard setback for an accessory structure in R-S (Residential Single -Family) zoning, to be reduced from 2'6" to 8", as requested in File PZ2021-58. Board Member Hilliard seconded the motion. A roll call vote was taken. Acting Chairman Beaver -Aye, Board Member Hilliard -Aye, Board Member Smith -Aye, Alternate Board Member Amuny-Aye. The motion to approve carried 4:0. Discussion followed about the next steps in the process, concerning the license to encroach provisions and ensuring the applicant's understanding. Ms. Laney stated that she intended to go over the process with the applicant after the meeting. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 p.m. 4 DATE: June 3, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum front and rear yard setbacks for a main structure to be reduced from 25' to 3.5' and minimum pavement setback to be reduced from 2' to 0' in an RCR (Residential Conservation Revitalization) District. FILE: PZ2021-139 STAFF REPORT Lemoine Disaster Recovery is requesting a variance for the property located at 1475 Wall Street. The property is zoned Residential Conservation Revitalization (RCR) and therefore requires a 25' building setback from the front property line for a main structure. The applicant is requesting a variance to the front yard setback to be reduced from 25' to 3.5'. Additionally, they are requesting a variance to the minimum pavement setback to be reduced from 2' to 0'. Please see the site plan located in your packets for a visual reference of the aforementioned. Lemoine Disaster Recovery is a Louisiana -based company. They have participated in the General Land Office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate fixture flooding hazards for citizens' homes that have been affected by natural disasters. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property.itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being the east 50' of Lot 84, Block 7, out of the Blanchette I" Addition, Beaumont, Jefferson County, Texas, containing 0.0574 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Lemoine Disaster Recovery PROPERTY OWNER: Betty Gants LOCATION: 1475 Wall Street EXISTING ZONING: RCR (Residential Conservation Revitalization) PROPERTY SIZE:—0.0574 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RCR (Residential Conservation Revitalization) RCR RCR RCR Conservation and Revitalization Wall Street - Local street with a 55' right-of-way and 21' pavement width Open ditch 2" water line 12" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' HOANG PETER T TRAN JESSICA LIEN & ARELLANO RUBEN MARTINEZ JIMENEZ JOSE SOUTH PARK CYCLE LLC GUZMAN ESPERANZA ETAL SOUTH PARK CYCLE LLC SOUTH PARK CYCLE LLC MODE ROBERTS GANTS BETTY NGUYEN TU PADILLA BLAS L & NANCY HOANG PHUNG & HONG KIM CAMPBELL DIANE CAMPBELL DIANE RUBIO LINDA LEDAY EUGENE JR HOANG PHUNG & HONG KIM DIOCESE OF BEAUMONT REYES FAMILY INVESTMENTS LLC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Demo existing home and rebuild new TX Case #: PZ2021-139 GLO home Location: 1475 WALL ST, BEAUMONT, 77701 Initiated On: 4/26/2021 3:01:30PM Individuals listed on the record: Applicant Lemoine Disaster Recovery 12563 Gulf Freeway Houston, TX 77034 Anent Lemoine Disaster Recovery 12563 Gulf Freeway Houston, TX 77034 Property Owner Betty Mathews 1475 Wall Street Beaumont, TX 77701 Type of Variance: Legal Description That the granting of the variance will not be contrary to the public interest That literal enforcemenof the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Home Phone: 337-889-5166 Work Phone: Cell Phone: 832-794-8966 E-Mail: alexandra.pallis@lemoinedr.com Home Phone: 337-889-5166 Work Phone: Cell Phone: 832-794-8966 E-Mail: alexandra.pallis@lemoinedr.com Home Phone: 409-466-1213 Work Phone: Cell Phone: E-Mail: Variance BLANCHETTE 1ST E 50' OF L-84 BLK-7 AGREE AGREE AGREE Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2021-139 Printed On: 4/27/2021 VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. Comment: The granting of this variance will not be contrary to the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. Comment: Due to this lots narrowness and shallowness, enforcement of the ordinance will result in unnecessary hardship, and the GLO will not be able to provide a new home. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Comment: By granting this variance, the spirit of the ordinance will be observed and justice will be done. LEMOINE DISASTER RECOVERY, LLC 1906 Eraste Landry Road, Suite 200 i Lafayette, LA 70506 OISASiER RECOVERY LEMOINE DISASTER RECOVERY TO: City of Beaumont FROM: Alexandra Pallis RE: Variance Request for 1475 Wall Street, Beaumont TX 77701 DATE: 4/20/2021 We would like to request a variance for the property located at 1475 Wall Street in Beaumont, Texas. We will be removing the existing home and building a new home on behalf of the TX GLO. The existing home currently sits on a 50' X 50' lot and is not in accordance with the existing setbacks. We do not offer a house plan that will fit within the city's setbacks. The only two options we have is our Weston Plan and our Hibiscus Plan. 1. Weston Plan -2 Bedroom/2 Bathroom, 1144sf.,43'x28' 2. Hibiscus Plan -2 Bedroom/1 Bathroom, 1231sf., 31 X 39'-8". We will also be adding the following: 1. New ADA Parking Pad (14 x 20) 2. Lift to support elevation of 3.0' GENERALNOTES I. THIS PROPERTY IS SUBJECT TO ADDITIONAL EASEMENTS OR RESTRICTIONS OF RECORD. 2- THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS ATTHEIR OWN RISK. 3. DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES. 4. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TORE ACCURATE WITHIN ONE FOOT IN 1,000,000+ FEET. 5. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 10,000+FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE 6. EQUIPMENT USED: TOPCON APLI TOTAL ROBOTIC STATION. 7. BENCHMARK ESTABLISHED USING OPS WITH OPUS RS CHECK. DATUM IS NAVD 111. 8. SURVEY PREPARED WITHOUT THE BENEFIT OF TITLE. ADDRESS: 1475 WALL STREET AREA: 2,500 S.F. — 0.057 ACRES RECORDED IN: VOLUME 1, PAGE 25 GOVERNING AUTHORITY: CITY OF BEAUMONT FLOOD DETERMINATION. THIS PROPERTY IS LOCATED IN FLOOD ZO\B'X' ACCORDDZG TO THE FEMA FIRM MAP II 4814570020C, DATED 08N62002. \n1 _S CON R_Wk FLAW 20' la 0' 20' GRAPHIC SCALE: V =20' d ITV u o � M ` -cc 3.57 / F yCJ� CLX19.05 / /y � ~D� b * 9 78 ��si+ maw /n -•l �`• 3.5' hA + + \ + 84 +�w z6 Spb� 83 3 i z.o' LEGEND: RBTBS- Rebar to be Set CL- Center Line RAV- Right of Way API. Approximate Property Line BL- Building Line DE- Dralnage Easement EXISTING PROPERTYARCAS: U& Utility Easement MAIN DWELLING: 814 5F ESNIT- Gs<menl PORCH: IN SF EOP- Edge of Pavement SHM. l44 aF W11- WaftrH Halt, DECKING: SF EDD- Extattng Diet Drive DRIVE CO\CREE: SF -x- Fence GRAVEL_ SF (D", Tree MICK 207IT ® -Air Conditioning Unit CCOO\CWALKW'AY: If15F © -Electric \later !J -Gas Nleter IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND ® -Clean Out HAS BEEN PREPARED WITHIN THE MININtUNf STANDARDS AND REQUIREh¢NTS OF LAW. pw -Water Meter na -water Valve SURVEY FOR: CARTER & CLARK y" -Fire Hydrant LEMOINE DISASTER LAND SURVEYORS AND PLANNERSew",X", A AlanhWe RECOVERY a -Curb Inlet OO -TelephonePedestal 3090 Premiere Parkway, Suite 600 SUBDIVISION: MAP OF BLANCHETTE ADDITION Duluth,GA30097© -Cable Pedestal LOT: FAST NIOST5Y OF84 BLOCK:7 Ph: 770A95.9793 -Electrical Box CRY OF BEAUMONT TollPiee:866.637.1048-Power -Light Post Pole JEFFERSON COUNTY, TEXAS FIELDWORE: DATE: 04/08n021 www.carteranddatkcont -W-Overhead Power Line 20210401752 LEMOINE FC: BV FIRM LICENSE:10193759 Signature Sheet Number PZ- U�A Applicant- LAM 0I N it 171SA51" ReCoy fit/ —A lOANDR A MWS% Print Name Signature Current Property Owner-_ &-M Mkn i WS Print Name Current Property Owner - Current Property Owner - Agent -, f1lo Signature Date— Signature Signature Print Name Print Name Print Name Date Date (if applicable) Signature Date File PZ2021-139: To consider a request for a Variance to the required minimum front and rear yard setbacks for a main structure to be reduced from 25' to 3.5' and minimum pavement setback to be reduced from 2' to 0' in an RCR (Residential Conservation Revitalization) District. Applicant: Lemoine Disaster Recovery 0 100 200 Location: 1475 Wall Street I ' I i Feet Legend PZ2021`--139 GC=MD ✓ // �;i DATE: June 3, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum front yard setback for a main structure to be reduced from 25' to 21.62' in an R-S (Residential Single -Family) District. FILE: PZ2021-150 STAFF REPORT Akram Khalil is requesting a variance for the property located at 3890 Holland Drive. The property is zoned Residential Single -Family (R-S) and therefore requires a 25' building setback from the front property line for a main structure. The applicant is requesting a variance to the minimum front yard setback from the front property line for a main structure to be reduced from 25' to 21.62'. This house has been constructed without the benefit of an approved site plan that accurately displays the setback dimensions. Mr. Khalil originally submitted drawings for an addition to the home and was issued a permit. Our inspectors posted a stop work order when they realized the contractors were demolishing the existing structure and constructing a new house. Mr. Khalil has been taking the necessary steps to resolve this situation to come into compliance since the stop work order was posted. He was required to produce an elevation certificate because the new construction was located in the AE floodplain. He also had to produce building plans to reflect the new construction; both have been approved except the site plan. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 1, Block 1, out of the Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.447 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Akram Khalil PROPERTY OWNER: Ma Imelda Herdandez LOCATION: 3890 Holland Dr EXISTING ZONING: RS (Residential — Single Family) PROPERTY SIZE: —0.447 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: AE — Area determined to be inside the 1% annual chance of flooding SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial NC (Neighborhood Commercial) EAST: Residential SOUTH: Residential WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: R-S (Residential Single -Family) R-S GCMD (General Commercial Multiple -Family Dwelling) Stable Area Holland Dr — Non -Major street with a 60' right-of-way and 24' pavement width 23ra St — Major Collector street with a 65' right-of-way and 22' pavement width Curb and gutter 6" water line 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' TRISTAN MA-IMELDA HERNANDEZ POLK STEPHANIE C DOTSON KYLE S CHAY FERNANDO CHAY CAB HOLDINGS LTD HERNANDEZ IMELDA & JUDYTH MAGANA HOPE CENTER FOR CRISES PREGNANCY MORALES JORGE ALONSO RICHARD REVIA M ARMSTRONG SELVIN VERDE JOSE ANTONIO SILVER SPUR ASSETS LLC GTI INVESTMENTS LLC SIMON GUSTAVE & FAITH CASTILLO MIGUELA & DULCE R E&ZLLC PROVOST LEONARD BRADLEY LESLEY BLOOD & PLASMA RESEARCH I USORO ANIE BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Request for Variance Case #: PZ2021-150 Initiated On: 5/11/2021 2:02:17PM Location: 3890 HOLLAND DR, BEAUMONT, TX, 77707 Individuals listed on the record: Applicant Akram Khalil PO Box 283 Beaumont, TX 77704 Agent Akram Khalil PO Box 283 Beaumont, TX 77704 Property Owner Ma Imelda Hernandez 190 North 23rd St Beaumont, TX 77707 Type of Variance: Legal Description That the granting of the variance will not be contrary to the public interest That literal enforcemenof the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Home Phone: Work Phone: Cell Phone: 4092253537 E-Mail: ak47mstn@gmail.com Home Phone: Work Phone: Cell Phone: 4092253537 E-Mail: Ak47mstn@gmail.com Home Phone: Work Phone: Cell Phone: (409) 454-5933 E-Mail: Variance RUSSELL PLACE L1 B1 NO YES Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2021-150 Printed On: 5/12/2021 VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. Comment: The variance to allow the original addition to remain as already constructed (1.6 feet beyond the 25 foot building set back line) will not be contr aty to the public interest. The approval of this variance will not negatively impact the neighborhood or jeopardize the safety of the motorists. Furthermore, the house sits on a corner lot. Ergo, aesthetically, the 1.6 feet of advancement past the 25 foot building set back line does not affect the look of the neighborhood nor does it interfere with the way the remaining homes sit in their respective lots. Moreover, since the home is two-story, it has « bonus area that features a projection also beyond fire building line that is subject to the variance request as well. It projects by only 3.54 feet passed the same 25 foot building set bath. This projection is as functional as it is aesthetic and gives this beautiful home on the corner lot all the more character & curb appeal. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship especially, financial. Comment. - The owner and her family were displaced out of her primary residence due to the unfortunate flood during Hurricane Imelda. What started off as a total repair resulted in the total demolition of her home and to start back from ground zero. To stake matters worse the sub -contractors did not adhere to the foundation plan and made a costly mistake by a very small margin if the variance is to be enforced. So as to further complicate things, the upstairs portion slightly projects passed the property line resulting in an added financial dilemma if it is to be corrected to meet the variance guidelines if they are to be strictly enforced. This is due to the fact that the home is in the fr aming stage now. All the delays and the unexpected damages that lead to the demolition along with the demolition itself has added much stress on the family. If the panel would be so generous and grant the request for variance, we can try to do our best to help this family get back in their (tome. Also worth noting that the insurance company is another battle and part of the reason this project is still on going. This is an entirely unforeseen circumstance that too has financially burden the family. All these above statements are unfortunate events that strain the family. The misfortune & hardship is not a result from the applicant or owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Comment: The faith of this family rests in your hands. By granting the variance, there is no harm to any human, plant or animal life or concern for safety. The decision will not affect or cause damage to anyones property. There will not be any issues to the cosmetic nature of the architectural order of the neighborhood nor its beauty. Tile decision of granting the variance will yield a new home that will further enhance the community attractiveness and uplift the area with a positive spillover. From: Akram Khalil To: City of Beaumont Re: Variance Request for 3890 Holland Drive Beaumont, Texas 77707 May 10, 2021 The existing home located at 3890 Holland Dr. in Beaumont, TX 77707 (owned by Mrs. Ma- Imelda Hernandez) was severely damaged and completely flooded by Hurricane Imelda in 2019. Originally, a city permit was acquired for the home to be repaired. Due to the extensive repairs, the owner decided they would like to expand the home since the project was already heavy in construction. A set of windstorm engineered drawings for the addition were submitted and approved by the City. During the construction of the addition, the concrete contractor did not follow the plans accordingly and extended the addition on one corner by approximately 1.6 feet outside the building setback line. Later in the repair phase of the project, we discovered sever termite damage that compromised the integrity of the structure and warranted that we demolition the entire home with the exception of the addition. So again, we drew up a new set of floor plans and windstorm engineered drawings to propose to the city for a totally new home to be reconstructed on the already existing slab which will now also be modified and re -enforced. The city has reviewed and rejected the latest submitted set of plans because the concrete contractor did not follow the original plan for the addition and hence the structure is extended 1.6 feet beyond the 25 foot set back building line. The owner is requesting a variance to allow the original addition to remain as already constructed, 1.6 feet beyond the 25 foot building set back line. The approval of this variance will not negatively impact the neighborhood or jeopardize the safety of the motorists. Furthermore, the house sits on a corner lot. Ergo, aesthetically, the 1.6 feet of advancement past the 25 foot building set back line does not affect the look of the neighborhood nor does it interfere with the way the remaining homes sit in their respective lots. Moreover, since the home is two-story, it has a bonus area that features a projection also beyond the building line that is subject to the variance request as well. It projects by only 3.54 feet passed the same 25 foot building set back. This projection is as functional as it is aesthetic and gives this beautiful home on the corner lot all the more character. In conclusion, your approval of this variance request will eliminate any financial loss to the owner and will be highly appreciated. Much gratitude, Akram Khalil (AK) N 02'57'24' W 60_10' N 02'33'55' W 84.91' (CALLED N 00'4220" W 85.60') _ .,—EAST R.O.W. LINE_ I1 \\\\\\\ �C4,110 \ \+ ,r 10.w _ \ in '- .0 • gas, i" W �i ; ��-� • l ONE •� : •. _ f ONE ONE ct N o � ZO $ q V .'� L O z ^ 1i o• �� to �!•_ - Ty _. - � _ ..'� ^`{try' �i' ;� ii. emu►Vi y - . -• .. _- ._. _ . .,a. it �'', : - _. :, - ,•��� __ __ - 'ile PZ2021-150: To consider a request for a Variance to the required minimuir Font yard setback for a main structure to be reduced from 25' to 21.62' in an lesidential Single -Family) District. pplicant: Akram Khalil ocation: 3890 Holland 0 100 200 1 ' t 1 Feet